The legal framework
The Supreme Court struck down section 66A of the IT Act in Shreya Singhal (2015) as unconstitutionally vague — a landmark for online speech. Criminal defamation, however, was upheld. The Information Technology Rules 2021 require significant platforms to remove flagged unlawful content within set timeframes and to appoint grievance officers, with parts of the framework under constitutional challenge.
Key points
| Criminal defamation | Retained; a complaint can lead to summons and trial |
|---|---|
| Civil defamation | Available, with damages |
| Section 66A | Struck down in 2015, though reports of continued police use persisted for years |
| IT Rules 2021 | Grievance officers, 36-hour removal for court or government orders, 24 hours for intimate images |
| Intimate images | Rules require removal within 24 hours of a complaint |
| Grievance Appellate Committees | Established in 2023 to review platform moderation decisions |
| Risk areas | Speech touching religion, national security or the courts carries real legal exposure |
| Criminal and civil | Defamation is both a crime and a tort, which is unusual |
| Section 69A | Government blocking powers, used for online content |
| Court orders | Geo-blocking and global takedown orders have both been made |
In practice
- Capture evidence first: full screenshots with URL, date and surrounding context, before anything is deleted.
- Report to the platform and keep the reference number and the outcome.
- Then use the legal route — the order matters, because platforms act faster than courts.
- Do not respond in kind: your own posts become evidence too.
- Complain to the platform's grievance officer: the rules set deadlines for acknowledgement and action.
- Escalate to the grievance appellate committee if the platform refuses.
Cost and coverage
Police complaints are free; defending a criminal defamation complaint is costly and slow.
Recent changes
Grievance Appellate Committees give users a route to challenge a platform's refusal to remove content, or its decision to remove yours.
Where to go
- National Cyber Crime Reporting Portal and helpline 1930.
- Platform grievance officers, whose details must be published.
- Internet Freedom Foundation for guidance on rights.
Worth knowing
The 24-hour removal rule for intimate images is enforceable: cite it explicitly when complaining to a platform's grievance officer, and escalate to the Grievance Appellate Committee if ignored. The grievance appellate committee created by the 2021 rules can override a platform's decision. It is free and is the fastest route to removal.
Official sources and links
- India.gov.in — national portal of India
- India Code — central and state legislation